14
49.
Regarding the statement offered by the alleged victim (supra paras. 23, 25,
and 47), this Tribunal accepts it in what it is consistent with its object, stated in
Judgment of April 28, 2005 (supra para. 23). In this sense, since the alleged victim
has a direct interest in the case, his statements may not be evaluated in an isolated
manner, but instead within the entire body of evidence, applying the rules of
competent analysis.7
50.
In what refers to the sworn statements (affidavits) of the expert witnesses
Eduardo Montealegre Lynett, Alberto Martín Binder, Alejandro E. Álvarez, César
Barrientos Pellecer, and Rodolfo Kepfer Rodríguez (supra paras. 24, 25, and 47), the
Court admits them in what they are consistent with its object and assesses them
within the entire body of evidence, applying the rules of competent analysis.
51.
Regarding the articles published by the press, the Tribunal considers that
even though they do not have the nature of documentary evidence mentioned, they
may be assessed when they include public or notorious facts or statements of State
employees or they corroborate that established in other documents or statements
received during the process.8
52.
The Court considers that the documents provided by the representatives in
the final brief of pleadings are useful for the ruling of the present case, since they
were not contested or objected, nor was their authenticity or veracity put in
question. Therefore, they are included in the body of evidence pursuant to Article
45(1) of the Rules of Procedure.9
53.
Regarding the documents requested and presented as evidence to facilitate
adjudication of the case (supra paras. 23, 25, and 30), the Court includes them in
the body of evidence of the present case pursuant to that stated in the second
subparagraph of Article 45 of the Rules of Procedure.
VII
PROVEN FACTS
54(1) On May 10, 1997 Mr. Fermín Ramírez was arrested by a group of neighbors of
the Las Morenas village, who turned him in to the National Police for allegedly having
committed a crime against the minor Grindi Jasmín Franco Torres10.
54(2) On May 15, 1997 the Second Lower Court of Criminal Matters, Drug
Trafficking, and Environmental Crimes of Escuintla ordered the preventive detention
7
Cfr. Case of Caesar, supra note 3, para. 47; Case of the Serrano Cruz Sisters, supra note 3, para.
40; and Case of Lori Berenson Mejía, supra note 3, para. 78.
8
Cfr. Case of the Serrano Cruz Sisters, supra note 3, para. 43; Case of Lori Berenson Mejía, supra
note 3, para. 80; and Case of “Juvenile Reeducation Institute”. Judgment of September 2, 2004. Series C
No. 112, para. 81.
9
Cfr. Case of Lori Berenson Mejía, supra note 3, para. 81; Case of Tibi. Judgment of September 7,
2004. Series C No. 114, paras. 78 and 85; and Case of “Juvenile Reeducation Institute”, supra note 8,
para. 90.
10
Cfr. Judgment of March 6, 1998 issued by the Criminal, Drug Trafficking, and Environmental
Crimes Trial Court (dossier of appendixes to the petition, appendix 7, folios 88 and 89).
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